MARTIBENNING v. CHRONISTER (2018)

District Court of Appeal of Florida, Second District.

Mariam MARTIBENNING, Appellant/Petitioner(s), v. Chad CHRONISTER, Sheriff of Hillsborough County, Florida, Appellee/Respondent(s).

CASE NO.: 2D18–1592

Decided: May 09, 2018

The petitioner's petition for writ of habeas corpus is granted. Within two days of the date of this order, the trial court shall conduct a hearing pursuant to Florida Rule of Criminal Procedure 3.131 and section 907.041, Florida Statutes to determine reasonable conditions of pretrial release. See State v. Blair, 39 So.3d 1190, 1195 (Fla. 2010) (holding a trial court's authority to order pretrial detention for a person who breaches a condition of pretrial release must be “based on the statutory criteria as codified in section 907.041 and as required by our decision in fState v.l Paul [783 So.2d 1042, 1043 (Fla. 2001)1.”): Ginsberg v. Ryan, 60 So.3d 475, 477 (Fla.3d DCA2011) (“A defendant who violates a condition of his pretrial release forfeits his right to continued release under the original bond, but does not forfeit altogether his constitutional right to pretrial release.”)

BY ORDER OF THE COURT:

NORTHCUTT, CRENSHAW, and BADALAMENTI, JJ., Concur.

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